Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
Under Wisconsin law, you generally have three years from the date of your accident to file a personal injury lawsuit. If you miss this deadline, a court will likely dismiss your case, barring you from recovering damages.
General Deadline
Wis. Stat. § 893.54 establishes a three-year deadline for negligence or wrongful-act claims. See https://docs.legis.wisconsin.gov/statutes/statutes/893/54.
Discovery Rule
If your injuries were not immediately apparent, the three-year period may start when you discover—or reasonably should have discovered—the harm, but no more than 10 years after the act or omission. See Wis. Stat. § 893.54(1m): https://docs.legis.wisconsin.gov/statutes/statutes/893/54/1m.
Minors and Incapacitated Persons
If the injured person is under 18 or mentally incapacitated, the three-year deadline begins when the disability ends. See Wis. Stat. § 893.16(2): https://docs.legis.wisconsin.gov/statutes/statutes/893/16.
Helpful Hints
- Record the exact date of your accident and injury symptoms.
- Seek prompt medical treatment and save all medical records.
- Note when you first learned of hidden or delayed injuries.
- If the injured party is a minor, mark the date they turn 18.
- Start discussions with an attorney well before the deadline.